The UAE has a rich real-estate market with tons of options for residents. This means that sometimes, a resident’s particular demand may end up changing with time. For example, an individual gains employment at a workplace that is at a great distance from their house.
Similarly, a tenant may be having trouble paying the rent, hence the need for change.
In these cases, house swapping and subleasing are considered.
What is House Swapping?
House swapping refers to exchanging houses with a different resident without making any changes to the tenancy contract. In essence, one can choose to “swap” their house with a resident for an estimated time.
It’s an option considered by individuals looking to move for work. It’s also an option for individuals who want a vacation without paying for a hotel or renting out a property.
About to sign a tenancy contract? Here’s everything to know about tenant rights before signing a tenancy contract in Dubai.
Laws and Regulations
As a tenant, house swapping is not legal in the UAE. This is because it is an informal agreement. It is done without making any changes to the tenancy contract and without the written consent of the property owner.
This can give the landlord grounds to evict the tenant. This is under the Dubai Rental Committee Law No. (26) of 2007, as amended by Law No. (33) of 2008. It states that:
| “If tenant subleases premises, or part thereof, without landlord’s written approval and in such case eviction shall be applicable to subtenant, and his right to refer to tenant for compensation shall be reserved.” |
House swaps are legal in case the exchange is done between two homeowners. In this case, homeowners can choose to temporarily swap houses to live in the other’s house free of charge.
This is an ideal option for people who want a short-term vacation without renting property or paying for a hotel.
Want to be a homeowner? Here are some tips for owning property in Dubai.
What is Subleasing?
Subleasing is referred to as a tenant leasing out the property they are renting to another tenant. The original tenant is referred to as the “Sublessor” while the tenant is referred to as the “Sub-tenant.”
Subletting is usually done for either profit or to help with the rent. However, it is important to be careful before subletting a property. The sub-tenant should be a trustworthy individual who is not liable to default on rent. The sub-tenant should also not do anything to violate the tenancy contract signed with the property owner.
Laws and Regulations
The UAE has specified the laws to regulate the relationship between tenants and landlords. Tenants who want to sublet their property must get written approval from the landlord. As stipulated in Law No. (26) of 2007, Article No. 24:
| “Unless otherwise agreed in the tenancy contract, the tenant shall not assign benefit or sublease premises without obtaining landlord’s approval.” |
Failure to get the landlord’s approval is grounds for eviction even before the lease contract expires.
FAQs
Finding a sub-tenant can take some time. It is recommended to use social media services to advertise search for a subtenant.
Individuals can utilise services such as Love Home Swaps to find houses to swap with.
It is important to understand the difference between house swaps and subleases to avoid falling into legal trouble.
That was everything to know about house swaps and subleasing in the UAE! For more about living in the UAE, here’s everything you need to know about renting in the UAE.
